A recent executive order changes the enforcement landscape for English proficiency among commercial drivers.

EO 14286 directs the Federal Motor Carrier Safety Administration (FMCSA) to upgrade the penalty for drivers who cannot meet existing English language standards, placing them out of service.

The order, titled “Enforcing Commonsense Rules of the Road For America’s Truck Drivers,” follows a previous executive order designating English as America’s official language.

The out-of-service penalty was supported by a recent vote from the Commercial Vehicle Safety Alliance (CVSA) which set their own effective date of June 25.

Enforcing an existing rule

For decades, federal regulations have required commercial motor vehicle drivers to be able to “read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.” This applies to all interstate commercial drivers, including Mexican and Canadian nationals operating in the U.S.

Historically, enforcement of this rule has been sporadic. While violations were noted, they did not typically result in an immediate out-of-service (OOS) order for the driver. The new order explicitly reverses this approach.

Citing safety concerns and difficulties in criminal investigations involving drivers unable to communicate in English, the administration emphasizes that English proficiency “should be a non-negotiable safety requirement.”

Within 60 days of the EO, the FMCSA is directed to issue new guidance with revised inspection procedures.

CVSA aligns

Reinforcing the directive, the CVSA board of directors recently voted to make English proficiency violations grounds for placing a driver out-of-service, setting an effective date of June 25. The CVSA, whose members include state highway patrol officers, plays a key role in determining out-of-service criteria.

Practical impact

With some industry estimates suggesting that up to 10% of the current driver population may lack sufficient English proficiency, this stricter enforcement could notably reduce available driver capacity.
Also, beyond the immediate English proficiency enforcement, EO 14286 includes other directives, including a review of state-issued non-domiciled commercial driver’s licenses (CDLs) to identify irregularities, potential new protocols to verify credentials, and a study on driver working conditions.

Transportation Secretary Sean Duffy is directed to survey trucker working conditions and identify administrative, regulatory, or enforcement actions to improve them, including removing “needless regulatory burdens.”

Employer action needed

Given these changes, and the impending June 25 effective date, employers should act promptly:

Audit & verify: Review hiring procedures and current driver files to ensure and document English proficiency compliance. Ensure all driver qualification files are current, complete, and readily accessible for any inspections.
Educate drivers: Inform all drivers about the new out-of-service consequence for English proficiency violations and how they may need to demonstrate competency.
Review labor agreements: Check any collective bargaining agreements for provisions that may be impacted by stricter English proficiency enforcement.
Assess capacity & plan: Evaluate your current driver workforce for potential impacts from the new rule and develop contingency plans for possible shortages or out-of-service events.

The risk of out-of-service orders is a significant development, and employers in the transportation industry must adapt quickly.

The executive order’s additional directive for a review of driver working conditions could also signal further changes on the horizon.